United States v. Jin Fuey Moy
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA. Section 8 of the act should not be restricted to those persons who are required to register and to pay the tax. United States v. Pórtale, 235 U. S. 27. The decision of the court below goes only to the construction and not the constitutionality of the act; hence, the only question open on this writ of error is that of the construction of the act.
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ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA. Section 8 of the act should not be restricted to those persons who are required to register and to pay the tax. United States v. Pórtale, 235 U. S. 27. The decision of the court below goes only to the construction and not the constitutionality of the act; hence, the only question open on this writ of error is that of the construction of the act. United States v. Barber, 219 U. S. 72-; United States v. Keitel, 211 U. S. <370; United States v. Mescall, 215 U. S. 31; United States v. Pórtale, 235 U. S. 31;…
1Opinion of the CourtJustice Holmes
This is an indictment under § 8 of the act of December 17, 1914, c. 1; 38 Stat. 785, 789. If was quashed by the District Court on the ground that the statute did not apply to the case. 225 Fed. Rep. 1003. The indictment charges a conspiracy with Willie Martin to have in- Martin’s possession opium and salts thereof, to wit, one dram of morphine sulphate. It alleges that Martin was not registered with the collector of internal revenue of the district, and had not paid the special tax required; that the defendant for the purpose of executing the conspiracy issued to Martin a written prescription…
2Cases cited2 opinions
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- United States v. DewittSupreme Court of the United States · 1870
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